DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5538)

D&E AIR CONDITIONING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH DUCT FIXING & LAGGING ENTERPRISE AGREEMENT 2017 - 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Duct Fixing & Lagging Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Duct Fixing & Lagging Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch. The union sought approval for the Duct Fixing & Lagging Enterprise Agreement 2017-2019, which was entered into between the union and the employer. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement complied with the provisions of the Fair Work Act, specifically sections relating to good faith bargaining, coverage, and the rights of employees. Additionally, the court had to determine if the agreement provided fair terms and conditions for the employees and whether it adequately represented the interests of both parties.

In rendering its decision, the Fair Work Commission found that the agreement was compliant with the requirements of the Fair Work Act. The court examined the bargaining process and found that it was conducted in good faith, with both parties engaging in meaningful discussions. The terms of the agreement were deemed fair and reasonable, taking into account the specific nature of the industry and the needs of the employees. Furthermore, the court determined that the agreement appropriately covered the relevant employees and provided for their rights and entitlements. Consequently, the commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the commission were that the Duct Fixing & Lagging Enterprise Agreement 2017-2019 be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the decision and would remain in force until such time as it was replaced or terminated in accordance with the provisions of the Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established